PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET N.W. WASHINGTON, D.C. 20554 DA 97-383 News media information 202/418-0500. February 20, 1997 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON AMERITECH REQUEST FOR LIMITED WAIVER OF SECTION 22.903 OF THE COMMISSION'S RULES TO FACILITATE PROVISION OF TEMPORARY CELLULAR SERVICE IN THE STATE OF OHIO On June 27, 1996, Ameritech requested a partial waiver of Section 22.903 of the Commission's rules, in order to make free temporary local cellular service available from Ameritech's landline telephone exchange service operations in Ohio to landline residential end- user customers who are experiencing the interruption of service. Ameritech states that its program for out-of-service customers is required by a Settlement Agreement entered into by Ameritech Ohio, the Public Utilities Commission of Ohio, the Ohio Consumers' Counsel, and other competitors in the telecommunication marketplace: Time Warner, AT&T, Sprint, MCI, and the Ohio Cable Telecommunications Association. Excerpts from the Settlement Agreement are attached to Ameritech's Request. In its Request, Ameritech states that, in recognition of the Commission's jurisdiction over this matter, the terms of the Settlement Agreement expressly make implementation of the free cellular service program subject to "any necessary regulatory approval." Ameritech also states that various operational aspects of its plan -- procurement and inventory procedures, locations, customer contact and ordering procedures, delivery and pickup arrangements, and other issues -- are still under development. Ameritech contends that the waiver it requests is similar to that granted in Request of U S WEST Communications, Inc. for a Limited Waiver of Section 22.903 of the Commission's Rules, Order, 11 FCC Rcd 1905 (Wir. Tel. Bur. 1996), and would serve the public interest by providing residential end-user customers the continued availability of telecommunications service despite temporary outages. Ameritech further contends that its plan will create no possibility of cross-subsidization or discriminatory interconnection in favor of its own cellular affiliate, and therefore the underlying purposes of Section 22.903 would not be served by the application of the rule in the circumstances described in Ameritech's Request. In a supplement to its original request filed January 21, 1997, Ameritech explains the method it used to select Ameritech Cellular services to provide the service in question. It also submits that appropriate revisions were made to Ameritech's Cost Allocation Manual, and notes Ameritech's willingness to comply with appropriate reporting requiremenets. Ameritech states that it anticipates that approximately 500-600 customers per month will elect to participate in the program in question. Ameritech further submits that during the period of landline service outage, each customer will continue to pay landline rates under the applicable state tariff. In addition, Ameritech states that roaming capabilities and equal access arrangements will not be provided, and that long distance service will be available. Copies of Ameritech's filings may be obtained from the Commission's contractor for public service records duplication: ITS, Inc., 2100 M Street, N.W., Suite 140, Washington, D.C. 20037. Copies of Ameritech's filings are also available for public inspection in Room 7130, 2025 M Street, N.W., Washington, D.C. 20037. Interested parties may file comments in response to Ameritech's request by Feburary 10, 1997, and reply comments may be filed by February 17, 1997, with the Secretary, FCC, 1919 M Street, N.W., Washington, D.C. 20554. A copy of any filing should be sent to Wireless Telecommunications Bureau, Commercial Wireless Division, 2025 M Street, N.W., Room 7002, Washington, D.C. 20554, and to ITS, Inc., 2100 M Street, N.W., Suite 140, Washington, D.C. 20037. Pursuant to Section 1.1200(a) of the Commission's rules, 47 C.F.R.  1.1200(a), any ex parte presentations that are made subsequent to the release of this notice will be permissible but must be disclosed in accordance with the requirements of Section 1.1206(a). For further information contact Jane Halprin or Mika Savir, Commercial Wireless Division, Wireless Telecommunications Bureau, at (202) 418-0620. -- FCC --